REEFPRICES IS ONLY A VENUE. The Website acts as an online marketplace for you to find and transact with other users, Members, buyers or sellers (the "Users") showing products or services on the Service or otherwise associated with the Service.
ReefPrices is not a lender or seller. ReefPrices is not a party to any transaction you may make with a lender or seller. ReefPrices is not a party to any agreement you may make with a lender or seller with regard to any product. Any information you provide to a lender or seller in connection with your application remains with that lender or seller. ReefPrices is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you from the Website, including, without limitations, any tax, duty, price, shipping cost analysis. Nothing on the Website contains an offer, promise or otherwise from ReefPrices to sell a specific product or that any participating lender or seller will sell any product for any purpose or on any specific terms.
ReefPrices does not endorse, warrant or guarantee the products or services of any seller or lender, including, without limitations, any products posted by sellers or lenders. ReefPrices is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. ReefPrices is not liable for any acts or omission of acts of any seller or lender on the Website. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services. Any information on the Website can change without notice.
TRANSACTIONS. You may post content or view content posted by others on the Service. ReefPrices does not monitor such content. You may act as seller or buyer and correspond with, participate in promotions by, and conduct transactions with the Users. ReefPrices is not a party to the transactions between you and the Users of the Website. You may complete transactions as follows:
Transaction Processing by the Seller. For certain transactions, 1) sellers direct buyers to the seller's web site for transaction processing, or 2) sellers provide buyers with sellers' contact information outside the Website to complete a transaction. ReefPrices never collects credit card information from buyers for transactions. Third Party Transaction Processing. In other cases, sellers may refer buyers to third parties, such as an escrow service, for transaction processing. The third parties establish the terms of service for any such transactions. The Agreement and any terms of service established by third parties govern all transactions through the Service. By participating in a transaction through the Service, you agree and accept the Agreement and any terms of service established by third parties.
ReefPrices and any of ReefPrices's Co-branded Partners, Licensees and Affiliates (collectively "ReefPrices Partners") assume no liability, obligation or responsibility in connection with any transactions between you and the Users of the Website. If you have a dispute with the Users or any third party, you release ReefPrices (and its agents and employees) and its service providers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," as well as any other statute or common law principle of similar effect.
LINKS. ReefPrices and ReefPrices Partners may provide links to external websites or resources for your convenience and reference only. ReefPrices and ReefPrices Partners do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against ReefPrices or its service providers arising out of your use of external websites or resources. ReefPrices LISTINGS. ReefPrices Listings is a venue for seller and buyers to sell and buy products that are listed on the Website. ReefPrices is not a party to any transaction between sellers and buyers. ReefPrices has no control over the legality, truth, accuracy, or quality of the listed products. ReefPrices has no control over the business practices of the sellers and the purchasing practices of the buyers. You understand and agree that all transactions that occur through ReefPrices Listings are strictly between you and Users, and that ReefPrices has no responsibility or liability with respect to any part of the transaction or any issues related directly or indirectly to such transaction. ReefPrices disclaims all warranties that may relate in any way to any products listed on ReefPrices Listings and disclaims all guarantees for any payments owed to sellers. You agree to hold ReefPrices harmless and indemnify ReefPrices and its subsidiaries, affiliates, and ReefPrices Partners and their respective directors, officers, employees and agents against any and all claims with respect to any transactions you are involved in with other Users. You agree to notify ReefPrices of any activity that you believe is fraudulent, deceptive, and misleading. You may disclose personal information directly to Users or through ReefPrices, you understand and accept the risk that Users may misuse your personal information. ReefPrices does not guarantee the identities of Users nor does ReefPrices guarantee the accuracy of the information supplied by Users. Buyers acknowledge and agree that ReefPrices may transmit their credit card information to the sellers or to third parties that process sellers' credit card payments. You acknowledge and agree that ReefPrices shall not in any way be held responsible or liable for any resulting harm or damage that may result from any misuse of your personal information.
You acknowledge and agree that you or ReefPrices may terminate your ability to sell or buy on the ReefPrices Listings at any time. If you are a seller, you agree that you remain liable and will pay ReefPrices any fees due to ReefPrices for any services you received prior to the termination date.
MEMBER REGISTRATION. You must register as a Member with ReefPrices to access certain functions of the Website. You must provide certain current, complete, and accurate information about yourself (the "Registration Data") when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. ReefPrices and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify ReefPrices immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others.
OWNERSHIP. All of the material included on the Website, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the "Content"), is the property of ReefPrices and other parties. U.S. and international copyright laws protects all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
LICENSE. Grant of License. You hereby grant to ReefPrices, on all media, whether now known or hereinafter devised, a non-exclusive, worldwide, assignable, royalty-free license to: display, publish, use, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by you to ReefPrices that are not clearly marked as confidential ("Member Content") and display your name, trademarks and service marks (as used in connection with Member Content). You may submit Member Content only in accordance with ReefPrices's current content submission guidelines. ReefPrices shall have no obligation to post Member Content, may remove Member Content, or may change or discontinue the Website at any time in its sole discretion. ReefPrices has no obligation to monitor Member Content submitted by you or others in connection with the Website. Unless or until ReefPrices specifies another form of delivery of Member Content or another URL address, you may submit Member Content to ReefPrices at https://www.reefprices.com. As the sole consideration for the license and rights granted to ReefPrices under the Agreement, ReefPrices will consider posting Member Content on the Website. Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to Member Content you submit to ReefPrices, and represent and warrant that such Member Content and the license granted herein (i) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by ReefPrices to others.
ACCEPTABLE USE OF THE WEBSITE. Your use of the Service must be lawful and consistent with the security and reliability of the Service and he World Wide Web. In addition, the following rules apply to your use of the Service:
You certify to ReefPrices that you are at least 18 years of age. You assume full responsibility for the use of the Service by any minors. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures. You are solely responsible for the content of your transmissions and the products you sell through the Service. You acknowledge and agree that ReefPrices does not endorse the actions, the contents of communications, or the products of the Users. You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service. You must complete all transactions you agree to complete in connection with the Service.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. ReefPrices PROVIDES THE SERVICE ON AN "AS IS" BASIS. ReefPrices AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ReefPrices AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO ReefPrices OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. ReefPrices AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ReefPrices OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. While ReefPrices takes reasonable steps to safeguard and to prevent unauthorized access to your information and Registration Data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL ReefPrices BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ReefPrices WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
LIMITATION OF LIABILITY. ReefPrices AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ReefPrices OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ReefPrices AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY ReefPrices OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER ReefPrices OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ReefPrices FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.
INDEMNIFICATION. You agree to indemnify and hold ReefPrices, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of this Agreement by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. ReefPrices and its Service providers assume no responsibility whatsoever for such content or actions.
RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE ReefPrices AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
TERMINATION. If you breach any provision of this Agreement, you may no longer use the Service. ReefPrices may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If ReefPrices terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, ReefPrices may remove from the Website and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
NOTICES. Except as stated otherwise, any notices shall be given by contact form to ReefPrices.com.
GENERAL. The Agreement comprises the entire agreement between you and ReefPrices and supersedes all prior agreements regarding the subject matter contained herein. ReefPrices may amend the terms and conditions of this Agreement (the "amended terms") from time to time. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its amended terms; and (b) agreement by you to abide and be bound by the Agreement and its amended terms. Except as set forth below, you must make all notices to ReefPrices in writing via conventional mail or e-mail. If you believe that any content posted on the Website infringes any of your intellectual property rights or the intellectual property rights of any third party, you must promptly provide the following notice in writing to ReefPrices; ReefPrices may change this address at any time by posting a notice to the Website: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ReefPrices's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ReefPrices in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.